| Sealey v Westend Gardens Housing Development Fund Co |
| Motion No: 2011-03356 |
| Slip Opinion No: 2012 NY Slip Op 65532(U) |
| Decided on February 28, 2012 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M133891
E/sl
THOMAS A. DICKERSON, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2011-03356 Brian Sealey, appellant, v Westend Gardens Housing Development Fund Company, Inc., et al., defendants third-party plaintiffs-respondents; Sterling Elevator Corp., third-party defendant-respondent. (Index No. 33714/02)
| DECISION & ORDER ON MOTION |
Separate motions by the defendants third-party plaintiffs-respondents and the third-party defendant-respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated February 9, 2011, as untimely taken or to enlarge the time to serve and file briefs. Separate applications by the defendants third-party plaintiffs-respondents and the third-party defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respondents' briefs.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branches of the motions which are to dismiss the appeal are denied; and it is further,
ORDERED that the branches of the motions which are to enlarge the time to serve and file respondents' briefs and the applications for that relief are granted, the time to serve and file respondents' briefs is enlarged until March 30, 2012, and the respondents' briefs must be served and filed on or before that date.
DICKERSON, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court